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University of Missouri School of Law

Missouri Law Review

2008

Collective bargaining

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Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill Nov 2008

Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill

Missouri Law Review

In Independence-National Education Ass'n v. Independence School District, the Missouri Supreme Court granted public employees the right to collectively bargain. This holding breathed new life into an argument more than sixty years old: that the Missouri Constitution grants both public and private sector employees the right to collectively bargain. However, a close reading of this seemingly landmark case shows that Missouri's highest court smothered the numerous possibilities afforded by this holding before they could be tested by both public employers and public employees. This Note will argue that the Missouri Supreme Court's holding was unnecessary and affords no new rights …